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63 07.01.2020
rkd Ct. No.28
(Allowed)
C.R.M. 133 of 2020
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06/01/2020 in
connection with Arambagh P.S. Case No. 562 of 2019 dated
20/12/2019 under Sections 498A/323/379/326/406 of the
Indian Penal Code.
And
In the matter of: Sagar Das
….petitioner.
Mr. S. Chakraborty
…for the petitioner.
Mr. N. S. Ghosh
…for the defacto complainant.
Ms. S. Das
…for the State.
It is submitted on behalf of the petitioner that he is not
the principal accused and he has been falsely implicated in the
instant case.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that one of the
victims suffered grievous injury and reconstruction surgery had
to be undertaken on his nose.
Learned counsel appearing on behalf of the defacto
complainant also opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and
bearing in mind the extent of complicity of the petitioner i.e.
brother-in-law of the victim housewife in the alleged crime, we
are inclined to grant anticipatory bail to the petitioner.
In the event of arrest, the petitioner shall be released on
bail upon furnishing a Bond of Rs. 10,000/- with two sureties of
like amount each to the satisfaction of the Arresting Officer and
also be subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further
condition that he shall appear before the court below and pray
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for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)